Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:2730
Posts / Week:6.3
Archived Since:March 17, 2008

Blog Post Archive

Bar review question: is this false advertising?

3 months agoIndustries / Law : 43(B)log

Themis Bar Review, LLC v. Kaplan, Inc., 2016 WL 1162624, No. 14-cv-00208 (S.D. Cal. Mar. 24, 2016) Themis, a relative newcomer to the bar review business, advertised its students’ bar passage rates; a 2013 ad listed passage rates for 2012. Show More Summary

Foreign marks may be protected in the US under 43(a), Fourth Circuit rules

3 months agoIndustries / Law : 43(B)log

Belmora LLC v. Bayer Consumer Care AG, No. 15-1335 (4th Cir. Mar. 23, 2016) Disclosure: I worked on the brief for Belmora, the loser in this appeal. Bayer (BCC) registered FLANAX in Mexico for pharmaceutical products, analgesics, and...Show More Summary

Amicus brief in Fox v. TVEyes appeal

3 months agoIndustries / Law : 43(B)log

Arguing that TVEyes' database and its functions are fair use. Thanks to the signers, especially Chris Sprigman, & I'm also grateful for the last-minute help of Michael Levy, for when I discovered that being an e-filer in the Second Circuit...Show More Summary

Inconclusive investigation isn't enough to give knowledge for contributory TM infringement purposes

3 months agoIndustries / Law : 43(B)log

Spy Phone Labs LLC v. Google Inc., No. 15-cv-03756-PSG, 2016 BL 86393 (N.D. Cal. Mar. 21, 2016) SPL registered Spy Phone as a mark (for something, I presume), and submitted its Android app, SPY PHONE Phone Tracker, to Google. It wasShow More Summary

What's in a name? A false advertising suit against a generic drug maker

3 months agoIndustries / Law : 43(B)log

Endo Pharmaceuticals, Inc. v. Actavis, Inc., 2016 WL 1090356, No. 12-cv-7591 (D.N.J. Mar. 21, 2016) Endo sued Actavis under federal and state law for allegedly falsely marketing a generic form of oxymorphone hydrochloride extended-release tablets. Show More Summary

Another poster child for a national anti-SLAPP law: dilution claims against a critic

3 months agoIndustries / Law : 43(B)log

Doctor’s Data, Inc. v. Barrett, 2016 WL 1086510, No. 10 C 03795 (N.D. Ill. Mar. 21, 2016) Plaintiff DDI sued Dr. Stephen J. Barrett, M.D., the National Council Against Health Fraud, and Quackwatch for violating §43, as well as state law claims for defamation and related torts. Show More Summary

One Haas impersonating another is TM infringement, false advertising

3 months agoIndustries / Law : 43(B)log

Haas Door Co. v. Haas Garage Door Co., No. 3:13 CV 2507, 2016 WL 1047242 (N.D. Ohio Mar. 16, 2016) A family-owned business split, and split a trademark, and then things went bad. Founded in 1953, Haas Door Sales eventually became Haas Door Company and Haas Garage Door Company. Show More Summary

Porn site's use of TMs in metatags not confusing

3 months agoIndustries / Law : 43(B)log

Multifab, Inc. v. ArlanaGreen.com, 122 F. Supp. 3d 1055 (E.D. Wash. 2015) Plaintiff made commercial industrial components and equipment, and used the name “Multifab” for at least 25 years. It has the multifabinc.com domain name. ArlanaGreen.com...Show More Summary

A generic post about trademark overclaiming

3 months agoIndustries / Law : 43(B)log

Miller’s Ale House, Inc. v. DCCM Restaurant Group, LLC, 2016 WL 1040005, No: 6:15-cv-1109-Orl-22TBS (M.D. Fla. Mar. 16, 2016) Miller sued DCCM for false designation of origin/unfair competition under state and federal law. Miller’s operates...Show More Summary

Checkered result for Uber: some false advertising claims survive

4 months agoIndustries / Law : 43(B)log

Checker CAB Philadelphia, Inc. v. Uber Technologies, Inc., 2016 WL 950934, NO. 14-7265 (E.D. Pa. Mar. 7, 2016) Checker sued Uber and Google for Lanham Act and RICO violations. Unsurprisingly, this opinion kicks out Google and RICO, leaving Uber to face some but not all of the remaining false advertising claims. Show More Summary

I don’t go into yours, you don’t go into mine: copyright preempts Dirty Dancing trademark claim

4 months agoIndustries / Law : 43(B)log

I don’t go into yours, you don’t go into mine: copyright preempts Dirty Dancing trademark claim Lions Gate Ent. Inc. v. TD Ameritrade Servs. Co., No. cv 15-05024 (C.D. Cal. Mar. 14, 2016) Lions Gate sued TD for infringing its rightsShow More Summary

Reading list: dilution fails an empirical test

4 months agoIndustries / Law : 43(B)log

Christo Boshoff, The lady doth protest too much: a neurophysiological perspective on brand tarnishment, 25 J. Product & Brand Management (2016): [C]onsumers’ emotional responses to a series of brand tarnishment advertisements are investigated in this study. Show More Summary

Private Law & IP, Remedies and Prizes

4 months agoIndustries / Law : 43(B)log

Session 7: Remedies and Prizes Moderator: Chief Judge Patti B. Saris (D. Mass.): 50% of all claim constructions are reversed, and 80% of all damages. So judges are interested in improvements. John M. Golden, “Reasonable Certainty in Contract and Patent Damages”: Damages controversy and uncertainty about reasonable royalties. Show More Summary

Private Law & IP, Standards

4 months agoIndustries / Law : 43(B)log

Session 6: Standards Moderator: Kirti Gupta Jorge L. Contreras, “Private Ordering or Public Law? The Legal Character of Technical Standard Setting”: Private ordering structure arises when public enforcement mechanisms are unavailable (crime syndicates, rural settings) or less efficient/logical (credit rating, accounting standards). Show More Summary

Private Law & IP, Institutions II

4 months agoIndustries / Law : 43(B)log

Session 5: Institutions II Moderator: Alfred C. Yen F. Scott Kieff, “Pragmatism, Perspectives, and Trade: Intellectual Property, Antitrust, and International Trade as Mostly Private Law”: These fields are inherently blends of private and public law, so let’s try pragmatically enbracing diverse perspective. Show More Summary

Private Law & IP, Licensing II

4 months agoIndustries / Law : 43(B)log

Session 4: Licensing II Moderator: David J. Kappos Karen Sandrik, “Empowering Inventors”: Reformers must understand the law they are planning to reform before trying to reform it. Stephen Smith, Contract Theory. Shiffrin, Divergence of Contract & Promise: two sets of norms—legal and moral. Show More Summary

Private Law and IP: Licensing I

4 months agoIndustries / Law : 43(B)log

Session 3: Licensing I Moderator: Yonathan Arbel Jonathan M. Barnett, “Why is Everyone Afraid of IP Licensing?”: Conventional view—be wary of encroachment on public domain from licensing transactions. Medley of limitations lay minefield for construction of transactions w/minimum legal risk. Show More Summary

Private Law & IP: Institutions

4 months agoIndustries / Law : 43(B)log

Session 2: Institutions I Moderator: Patrick R. Goold Wendy J. Gordon, “Proximate Cause in Torts becomes Proximate Use in Copyright”: Common law has useful intuitions—tort for copyright—though I don’t pretend to know whether tort is optimal. Show More Summary

Private Law and Intellectual Property conference at Harvard

4 months agoIndustries / Law : 43(B)log

Opening Remarks: Henry Smith—exploring the connections between private law and IP. Session 1: Entitlement Design Moderator: Rebecca L. Tushnet Speakers and Papers/Commentators: Tun-Jen Chiang, “The Paradox of IP”: A paper looking for a theory. Show More Summary

Alleged Amazon shenanigans constitute use in commerce and commercial advertising/promotion

4 months agoIndustries / Law : 43(B)log

Jae Enterprises, Inc. v. OxGord Inc., 2016 WL 865328, No. 15-CV-228 (W.D. Ky. Mar. 2, 2016) Jae sells aftermarket automobile accessories under the mark Eagle Flight and designs. Jae entered into a distribution agreement with defendants,...Show More Summary

Copyright © 2015 Regator, LLC